A private parking company employed by Cambridge University has been handing out 'fake' fines to drivers demanding they pay £100 - but the ticket is just an invoice.

The tickets have been issued in Eddington, which is all private land owned by the university in North West Cambridge and parking is only enforced by private companies

Parking Charge Limited says it issues PCNs, meaning Parking Charge Notices. It says these are not Penalty Charge Notices, which are fines and used by official bodies such as councils and police.

This has caused confusion with many drivers believing they have been issued a fine and not a simple invoice. It demands they pay up £100 or £60 if paid within 14 days.

A Cambridgeshire Live investigation found that confusion even reached bosses of Eddington who handed out an information leaflet on parking in the area which clearly states any drivers violating parking rules will receive a PENALTY CHARGE NOTICE.

Parking in Eddington leaflet

The management of the development thanked Cambridgeshire Live for pointing out the crucial error but refused to comment further.

However, we have obtained an email from the management outlining its stand on parking violations after one furious motorist was sent a ticket - or parking bill.

Parking in Eddington leaflet

Fuming

Joanna Ball is one of the residents who has been hit with a fine by Parking Charge Ltd.

She said: "I just got a £100 parking ticket for parking outside Sainsbury’s in Eddington. There is a bay frequently used - all day everyday by others doing the same. Popping into Sainsbury’s for 30/40 mins.

"There are parking bays a few feet away offering the first hour of parking for free. This bay, closer to Sainsbury’s has yellow lines around it, but is in constant use.

"With absolutely no signs stating fines or other prohibitions. I feel totally violated that Cambridge University think it is acceptable to fine people £100, more than a weekly food budget for the average family, for doing something people are doing day in and day out.

"I have written to The West Cambridge Development office, who told me to do one. Plus I have appealed my ticket, but the option for a 'discount' to £60 I have to pay within 14 days, but they respond with an email telling you they will get back to you in 14 days, so if you wait to see what happens you’ll end up paying £100.

"Many people in this town are being violated by these expensive, unaffordable developments - I mean a two-bedroom apartment is £499,500.

"This 'non-parking' zone is in frequent use, and its total lack of signage telling people they will have to pay £100 fines. I obviously wouldn’t have parked there if I had known of this extortion.

"This is basically crime in corporate clothing. Parking in this town is a total rip-off anyway."

Where Joanna parked

Oops! What Cambridge University said

And an email from bosses at North West Cambridge Development sent to Ms Ball, it clearly states that Penalty Charge Notices will be issued to drivers violating the rules.

It says: "Thank you for your feedback, which has been noted and logged.

"As is standard practice across the country, double yellow lines mean that parking is prohibited in that area. Rule 238 of the Highway Code states:

“You MUST NOT wait or park on yellow lines during the times of operation shown on nearby time plates (or zone entry signs if in a Controlled Parking Zone) – see 'Traffic signs' and 'Road markings'. Double yellow lines indicate a prohibition of waiting at any time even if there are no upright signs.”

"Those who park in prohibited areas will be issued a Penalty Charge Notice, as is stated on the on-street signage across Eddington.

"Eddington has been designed with sustainability in mind and as a result there is limited parking on site for visitors at Eddington. This was agreed and approved by local authorities and the University in consultation with travel groups and the wider community.

"If you have been issued a PCN you will have been provided with the contact details of the enforcement team. If you wish to appeal the PCN then please direct any relevant information and evidence to the enforcement team listed on the PCN itself."

The management were asked if they would refund all the money paid by drivers who were hit with the parking charges but no answer was given.

Parking Charge Limited do a U-turn

Parking Charge Limited was also approached and it sent a comment outlining the law and how it operates.

In the comment it stated "Parking Charges are NEVER referred to as "fines" or "penalties".

When asked why drivers were warned in the information sheets that they would be issued with Penalty Charge Notices, the company refused to comment.

Before the company backed out of commenting, a spokesman said: "Parking Charges are based on the law of contract as mentioned on an official Trade Association website below.

"Parking on public roads (and in some other areas which are covered by local bylaws), is usually monitored and enforced by public authorities who are able to issue fines for contraventions.

"Parking on private land is different, charges that are imposed by parking operators are usually based on contract (either as damages or consideration) or on the law of trespass.

"Because of this, the law surrounding the enforcement of private parking charges is very different from the law that covers parking fines. If you park on land which is privately owned then the landowner or a person acting with their authority may place signs on the land for the attention of those that use it.

"It is your responsibility to familiarise yourself with any parking conditions as, by parking your vehicle there, you may be taken as having agreed to those conditions.

"Penalty Charges are based on a different set of laws and are also often referred to as 'fines' or simply 'penalties'.

"As you mentioned, these are often issued by the police or councils. Parking Charges are NEVER referred to as 'fines' or 'penalties'.

"Both Parking and Penalty Charge Notices are known in the industry, and law, as 'PCN's.

"We refer you to the High Court case from November 4th 2015 which established that Parking Charges issued by parking operators are enforceable.

"Unfortunately, we often come across drivers who have chosen to ignore their Parking Charge based on advice from blogs or friends who convinced them that they were unenforceable. "

Threat

The company added: "These PCNs are passed on to our debt recovery company and, if ignored further, are passed on to our lawyers for pursuing.

"We do take these debt cases to court and we do secure County Court Judgements (CCJ) against the drivers. CCJs are far-reaching in their effects and can prevent people from being able to secure a mortgage etc.

"It would be potentially risky and irresponsible to advise drivers to simply ignore a Parking Charge Notice.

"There is a well-documented, formal appeals process that they should follow if they feel that there is a reason they should not pay the PCN."

Parking Charge Limited is a member of watchdog The British Parking Association.

It was asked to investigate and declined to issue a statement until more information was gathered.

Crackdown on rogue private parking companies

But there is good news for the increasing number of drivers falling foul of private parking companies with plans to introduce a crackdown on the practice.

A Private Member's Bill which would lead to the introduction of a code of conduct for private car park operators is back before Parliament on Friday (November 30).

The Government has committed to supporting Tory former minister Sir Greg Knight's Parking (Code of Practice) Bill, which is at the report stage in the Commons.

RAC Foundation director Steve Gooding said: "Parking should be an inconsequential act with the system working for both drivers and land owners. But yet again we see numbers that suggest the relationship is going badly wrong.

"It is surely inconceivable that 18,000 drivers a day are knowingly setting out to ignore parking rules and attract penalties of up to £100.

"Frankly we think Sir Greg Knight's Private Member's Bill can't come into law too soon, bringing the era of self-regulation of private parking to a close with firms having to abide by a code of practice signed off by ministers."

Mr Gooding told Cambridgeshire Live: "In the heat of the moment the temptation is to rip these tickets up but that could be even more costly than paying the penalty.

"Many parking firms bank on people simply settling the bill rather than putting up a fight but for those who feel they have been wronged the first step is to appeal to the parking company itself. If this falls on deaf ears then the firm must inform you of your right to go to an independent appeals service.

"Encouragingly, half the cases that are eventually heard in this forum result in cancelled tickets, which makes you wonder how many of them are actually little more than a try on in the first place?"

"If all else fails then drivers can go to the County Court to seek satisfaction."

The Bill would see the creation of a single, independent appeals service for drivers who have been hit by hefty private parking charges.

It would also introduce a new code of practice for private car parks, including a £100 limit for fines and a 10-minute grace period for drivers overstaying the limits on their ticket.

How to get your ticket cancelled

Parking Fine Notifications are not the same as council issued tickets. They are in fact just invoices. If you do not pay the ticket, it cannot affect your credit record and the issuers cannot send bailiffs to recover the money.

But if they want to force you to pay, they will need to take you to court, which is costly and time-consuming.

What they are sending you is an invoice for a breach of contract, Mirror Online says. When you drive onto private land or a car park, you enter into an unwritten contract.

The issue is therefore a contractual, civil matter and not a criminal one.

Since 2012, clamping on private land in England and Wales was banned under the Protection of Freedom Act. In Scotland, the practice was banned in 1992. However, in Northern Ireland the right to clamp still exists.

In England and Wales, the owner is liable for the costs rather than driver of the car. Hired cars are the exception, as in the hire agreement you agree to be liable for ticket costs.

In Scotland and Northern Ireland the driver is liable for the cost of the ticket.

Do not pay if you are asked to pay at the time of the event. All legitimate firms will accept communications by post or email and will not expect you to pay on the spot.

Then simply respond that you are refusing to pay. DON'T say you are appealing the ticket, as this legitimises the ticket. Also write “Without Prejudice” on the letter – then no information in the letter can be used against you.

If you are going to dispute, then you should collate as much evidence as possible to support your case. Take photos of where you received the ticket.

If the company rejects your dispute, then you can escalate to the firm’s trade member association. You must have an official reference number from the company and their reasons for rejecting your dispute.

They will refer you to POPLA, the Independent Tribunal for Parking Fines. Around 40 per cent of appeals are upheld in the favour of the public.

If you wish to dispute the ticket, then you have 28 days in which to dispute after the firm that issued the ticket has rejected your appeal.

If you do not pay, then their next step is to recover the money. To do this they must take legal action against you. Most fines will go to the Small Claims Court. However, the firm may threaten/use the County Court.

If handled through the Smalls Claims Court, you will be required to pay the fine but not the company’s costs. Only around 2-5 per cent of cases go to court per year.

Accredited parking companies (members of either the British Parking Association or the Independent Parking Committee) are able to access your details from the DVLA.

It is an independent appeals service for parking firms which are members of the British Parking Association (BPA) and shows a huge increase in the number of appeals that firms are not bothering to fight.

Its figures show that more than a third of the 57,703 completed POPLA appeals in 2016-17 went unchallenged by private parking firms.